The Senate has affirmed its authority to screen and confirm Justice Kudirat Kekere-Ekun as the Chief Justice of Nigeria (CJN), despite her recent swearing-in by President Bola Tinubu in an acting capacity.
The Senate’s stance comes amidst a debate over the legal procedures involved in the appointment of an acting CJN.
On Thursday, Senator Adeniyi Adegbonmire, Chairman of the Senate Committee on Judiciary, Human Rights, and Legal Matters, clarified the Senate’s role in the confirmation process.
He addressed questions raised by the media regarding the legitimacy of Justice Kekere-Ekun’s acting appointment.
In an interview with THISDAY, Adegbonmire stated, “The Senate has both the legislative and constitutional powers to screen and confirm the acting CJN.”
He emphasised that while Justice Kekere-Ekun has been sworn in by President Tinubu as acting CJN, the Senate’s role in screening and confirming her remains crucial.
Justice Kudirat Kekere-Ekun was appointed as the acting CJN following the retirement of the former CJN.
President Tinubu administered the oath of office, allowing her to assume the role temporarily.
According to the Nigerian Constitution, an acting CJN can serve for a maximum of three months before a substantive appointment is made.
The debate gained traction after former Cross River State Governor Donald Duke expressed his views on the appointment.
In an interview on News Central Television, Duke argued that President Tinubu’s decision to swear in Justice Kekere-Ekun was legally questionable.
Duke contended that since Justice Kekere-Ekun is yet to be confirmed by the Senate, she should not have been sworn in as acting CJN.
Duke’s comments raised concerns about the procedural correctness of the appointment, leading to a broader discussion about the roles and responsibilities of the Senate in the confirmation process.
“An acting CJN can only act for three months. A substantive CJN occupies the office beyond that period until retirement or removal in accordance with the provisions of the constitution,” Adegbonmire explained.
He criticised Duke for not fully understanding the constitutional provisions related to the appointment.
“Please, Donald Duke doesn’t know what he is talking about. People don’t take the time to understand an issue before passing comments,” Adegbonmire said.
According to Nigeria’s Constitution, the appointment of a CJN involves both the executive and legislative branches.
The President appoints an acting CJN to fill the position temporarily, but a substantive CJN must be confirmed by the Senate.
This process ensures that the highest judicial office in the country is filled with due consideration and approval from both branches of government.
The acting CJN is expected to serve until a new CJN is confirmed or the former CJN’s term concludes.
The role of the Senate in this process is to review and confirm the appointment, ensuring that the candidate meets the necessary qualifications and standards.
